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Susan Murphy, Respondent, v. State of New York, Appellant

New York Supreme Court, Appellate Division2012-06-08No. Claim No. 115287
96 A.D.3d 1501945 N.Y.S.2d 918

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Opinion

majority opinion

Appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered March 15, 2011 in a personal injury action. The order sanctioned defendant for spoliation of evidence.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on May 21, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Scudder, P.J., Smith, Fahey, Lindley and Martoche, JJ.